How Can I Serve the Other Party in a Divorce If They Are Out of State?

Going through a divorce is never easy. When your spouse is living in another state, however, the situation can get even more complicated than it already is. There is a lot of information you can, and should, learn about divorcing your spouse who does not live in the Commonwealth of Kentucky, but it is important to remember that only an experienced Kentucky family law attorney can answer all of your questions specific to your personal situation.

When you file for divorce you are required to serve your spouse with notice of the filing. You can serve the other party in a divorce by certified mail or by having someone over the age of 18 personally deliver the documents. This process is fairly simple if you know where the other party is living or where that person can be found.

If you do not know where the other party is living the situation gets more complicated, as you can imagine. In this situation a motion will have to be filed to appoint a warning order attorney to the case. A warning order attorney is a practicing member of the Kentucky Bar who is required to diligently attempt to find your spouse and contact him or her by mail with the information that you have filed for divorce. The warning order attorney is required to report back to the court with the results of his or her efforts in finding your spouse within 50 days of the date of appointment. If the warning order attorney does not locate your spouse the court may finalize your divorce.

Although this process sounds quite simple, it can get complex quickly. The best way to minimize the stress associated with divorce is to prepare as much as possible for every possible scenario. The best time to prepare for your divorce is the moment the thought of divorce crosses your mind. Being fully prepared for everything the divorce process may throw at you requires having an experienced Kentucky family law attorney on your side. By retaining the services of an experienced attorney you will ensure that your rights and interests are protected throughout the divorce process.